Politics and International Law


Book Description

Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.




The Politics of International Law


Book Description

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.




World Politics and International Law


Book Description

This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives. In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists. The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict. The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.




International Law in World Politics


Book Description

The second edition of International Law in World Politics--thoroughly updated and now including a full chapter on the use of force--introduces the concepts, the rules, and the functioning of international law in a way that is accessible to students of political science. Shirley Scott covers such core topics as the nature of legal argument, the negotiation and implementation of multilateral treaties, and the place of both intergovernmental organizations and nonstate actors in the international legal system. Equally important, she connects the content of laws to current issues and problems, using case studies to bring the subject to life. The result is a rare text that effectively explains the role that international law plays in the changing arena of world politics.




The Role of Law in International Politics


Book Description

This interdisciplinary volume examines the highly topical issue of the role international law plays in international politics today.




Politics of International Law and International Justice


Book Description

An introduction to international law for politics and IR studentsThis textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.




Politics and the Histories of International Law


Book Description

This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.







International Law and the Politics of History


Book Description

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.




International Law and International Relations


Book Description

In this fully updated and revised edition, the authors explore the evolution, nature and function of international law in world politics and situate international law in its historical and political context. They propose three interdisciplinary 'lenses' (realist, liberal and constructivist) through which to view the role of international law in world politics and suggest that the concept of an international society provides the overall context within which international legal developments occur. These theoretical perspectives offer different ways of looking at international law in terms of what it is, how it works and how it changes. Topics covered include the use of force, international crimes, human rights, international trade and the environment. The new edition also contains more material on non-western perspectives, international institutions and non-state actors and a new bibliography. Each chapter features discussion questions and guides to further reading.